KHAICHE Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This criminal Appeal has been filed by the accused/appellant being aggrieved with the Judgment and Order of conviction dated 09.05.2017 and sentence dated 12.05.2017 passed by the learned Special Judge (POCSO Act, 2012), Saiha in S.R. No. 03/2016, arising out of Saiha Police Station Case No. 51 of 2016 by which the appellant/accused has been convicted under Section 6, read with Section 18 of the Protection of Children from Sexual Offences Act, 2012 read with Section 34 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for 10 (ten) years and to pay fine of Rs. 3,000/-, in default to undergo Imprisonment for another 1 (one) month, setting off the period of detention already undergone by him during the judicial custody.

(2.) Heard Mr. Benjamin Lalthlamuana, learned counsel, for the accused/ appellant and Mrs. Linda L. Fambawl, learned Additional Public Prosecutor, Mizoram representing the State.

(3.) The prosecution case, as it emerges from the First Information Report dated 31.05.2016 (Exhibit-P3) lodged by the informant victim Ms. 'X' (actual name withheld), is that one Reithaia of Tuipang Village (co-accused Z. Beireithai) and his friend (appellant herein) asked her father if they could take out her to search for Lalthuthaa and they took her out on a bike to the Helipad (DZ) mount. Thee they undressed her and tried to rape her and when she resisted them, they threatened her saying that they would kill her. When she cried, they grabbed her breasts in the process, but, fortunately Henry and his friends came to her rescue that night. By the said FIR, the informant/ victim requested the authority to apprehend the accused persons and to take legal action against those miscreants who had disgraced her.